Today we’re going to focus on Section 3 of the Federal Arbitration Act, which authorizes a Court to stay litigation.
In the last segment of this series we answered the following FAQs about how gateway disputes are decided by courts and arbitrators:
What is the Presumption of Arbitrability?Does the Presumption of Arbitrability Apply to all Questions of Arbitrability?What Law Applies to Determine Gateway Disputes about Arbitrability to which the Presumption of Arbitrability does not Apply?How...
The United States Court of Appeals for the Seventh Circuit has established a class notice standard related to workers who sign arbitration agreements in a wage and hour dispute filed against social media giant Facebook. In Bigger v. Facebook, Inc., No. 19-1944 (7th Cir., January 24, 2020), a Facebook employee, Bigger, filed a putative class action lawsuit against Facebook in the Northern District of Illinois. According to Bigger, the company failed to provide her and other workers...
Last year may not have matched 2018’s performance, but 2019 was a year of solid growth for the legal industry, building on the strong results we reported for 2018. Revenue growth exceeded expense increases, widening margins. Rate increases were the strongest we have seen since 2008. Meanwhile, demand growth continued to accelerate as the year progressed. And while a longer collection cycle dampened revenue growth in 2019, strong inventory growth places the industry in a comfortable position to start...
A not-unusual series of events involving a settlement agreement led to a practice tip .
The Fifth Circuit found that the stipulation divested the district court of jurisdiction, dooming the request to reopen. The Court suggested: “If the parties had wanted to, they could have asked the district court to retain jurisdiction–for example, to oversee enforcement of a settlement agreement.” (citations omitted).
I’ve mentioned the use of Decision Trees by mediators previously on this blog. Here and here and here and here. So why do I keep banging on about them? Well, first, because I believe they are such an indispensable tool in the commercial mediator’s toolkit.
Stated simply, a decision tree is a tool used to value the financial outcomes possible in any litigation. It does not measure the value of intangibles such as stress, anxiety, and uncertainty.
A decision tree analysis...
Three years ago, Wolters Kluwer’s ELM Solutions introduced LegalVIEW BillAnalyzer, a service for in-house legal-bill review teams that combines machine learning and other advanced technologies with human expertise to help review law firm invoices and ensure that they accurately and consistently adhere to billing guidelines.
The new BillAnalyzer Data Service provides the AI and analytics technologies to support customers’ internal review teams, with the same goal of helping...